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Important detailsVodacom Contract

Contents

Welcome to the World of Vodacom

Terms and Conditions Page 3

GAP Deposit & Step Up Page 13

Mandatory Call & Account Limit Page 14

Device Warranty Page 15

Out of Box Failure Page 16

Insurance Page 17

Mobile Number Portability Page 30

Contact Us Page 30

Welcome to the World of Vodacom

Welcome to the world of possibilities. You’re now a part of a growing family of customers who value quality, service and ease of communication.

In this booklet you’ll find the information needed to get connected, as well as our terms and conditions. Read it carefully to see how we operate. If you have any queries, please feel free to call our Customer Services Helpline on 082 111 – available 7 days a week, 24 hours a day. We’re here to make your cellular experience as easy and enjoyable as possible.

The Vodacom Team

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Vodacom (Pt) Ltd Contract Agreement 1. Important Notices This Agreement contains the terms and

conditions on which Vodacom (Pty) Ltd provides telecommunication services and Apparatus to you our customer.

1.1. This Agreement contains terms and conditions which appear in a similar text style to this clause in order to draw your attention to such clauses because they:

1.1.1. may limit the risk or liability of the Vodacom Group or a third party; and/or

1.1.2. may create risk or liability for you; and/or1.1.3. may compel you to indemnify the

Vodacom Group or a third party; and/or1.1.4. serves as an acknowledgement, by you,

of a fact.1.2. This Agreement replaces all prior terms

and conditions previously agreed between you and Vodacom (Pty) Ltd that relate to the same subject matter as this Agreement.

2. Definitions2.1. In this Agreement certain words and

phrases appearing in Title Case are given particular meanings. These words and phrases and the meanings they are intended to have are recorded below–

2.1.1. “Activation Date” shall mean the date of the activation of the SIM card on the Network;

2.1.2. “Agreement” shall mean these terms and conditions together with all schedules, and documents attached to these terms and conditions, the individual credit application document, as well as all amendments that may be made to these terms and conditions from time to time in terms of clause 22 below;

2.1.3. “Apparatus” means any mobile, transportable or portable cellular mobile terminal, handset, laptop, computer, modem or other apparatus which is approved by the Regulatory Authority and which is capable of connection by radio interface to the Network;

2.1.4. “Call Charge” shall mean the amount of money charged to you for a specified amount of call time or use of Vodacom’s

data services (such as internet browsing or content downloads), as the case may be, as set out in the Price Plan from time to time;

2.1.5. “Cellphone Number” shall mean the number allocated to you for the purposes of making use of the Services, also known as the Mobile Station Integrated Services Digital Network Number;

2.1.6. “Customer” or “you” shall mean the natural person entering into this Agreement with Vodacom (Pty) Ltd and who is more fully described in the customer credit application form and/or order form to which these terms and conditions relate;

2.1.7. “Initial Period” shall mean a period of 24 (twenty four) months or such longer period as expressly agreed to by you;

2.1.8. “Network” shall mean the public mobile telecommunications system operated and made available by Vodacom (Pty) Ltd or any other member of the Vodacom Group;

2.1.9. “Prepaid Account” shall mean an account held within the Vodacom Group on your behalf which, when credited with a pre-determined value of airtime purchased by you, enables you to use the Services until such airtime is depleted;

2.1.10. “Regulatory Authority” shall mean the Independent Communication Authority of South Africa (ICASA) or any similar authority that is established in the future to perform or take over the functions of ICASA;

2.1.11. “Renewal Period” means a period of 24 (twenty four) months or such longer period as expressly agreed to by you, which period shall commence on or after the expiry of the Initial Period;

2.1.12. “the Services” shall mean the cellular telecommunications service provided by means of the Network as well as such other additional related services or equipment as Vodacom (Pty) Ltd may, if it chooses to, make available to you from time to time and which Services are provided subject to these terms and conditions;

Terms and Conditions 2.1.13. “SIM card” shall mean the Subscriber Identity Module Card allocated to you to enable you to gain access to the Network by using the SIM card in the Apparatus;

2.1.14. “Subscription Fee” shall mean the monthly fee payable by you in respect of access to the Network by means of the Cellphone Number, as recorded in the customer credit application form;

2.1.15. “Price Plan” shall mean the Price Plan of charges and fees (monetary amounts) payable by you to Vodacom (Pty) Ltd in respect of the Services, as published by the Vodacom Group from time to time and as set out in the customer credit application form;

2.1.16. “Top Up Price Plans” shall mean, all and any packages offered by Vodacom (Pty) Ltd at any time that has or have a top-up component;

2.1.17. “Upgrade” shall mean the transaction, which will take place during, on or after the expiry of the Initial Period, in terms of which Vodacom (Pty) Ltd may supply you with a new Apparatus for which partial or complete payment may be required and the simultaneous renewal of this Agreement by you for the Renewal Period;

2.1.18. “Vodacom Group” shall mean any of the Vodacom group of companies including Vodacom (Pty) Ltd, any subsidiaries of Vodacom (Pty) Ltd, any holding company of Vodacom (Pty) Ltd and/or any subsidiaries of such holding company;

2.1.19. “Vodacom (Pty) Ltd” shall mean with whom you have entered into this Agreement for the provision of the Services;

2.2. When considering this Agreement, please note that –

2.2.1. words indicating any one gender shall include the others and the singular shall include the plural;

2.2.2. “days” shall mean calendar days unless qualified by the word “business”, in which instance a “business day” shall mean any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time; and

2.2.3. unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and

including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.

2.2.4. The use of the expression “but not limited to” by Vodacom (Pty) Ltd indicates that the prescribed list is not a closed one and that there may be other matters not listed to which the clause applies.

3. Provision of the Services3.1. Subject to the terms and conditions

set out in this Agreement, Vodacom (Pty) Ltd shall activate the SIM card and maintain the availability of the Services to you throughout the duration of this Agreement.

3.2. The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and any Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference.

4. Duration4.1. This Agreement will start on the

Activation Date and, subject to the terms and conditions of this Agreement shall continue for the Initial Period. After the Initial Period this Agreement will automatically continue on a month to month basis subject to any changes which we have notified you of unless you or Vodacom (Pty) Ltd terminate it on at least 20 (twenty) business days written notice.

4.2. Despite clause 4.1, you may terminate this Agreement during the Initial Period or a Renewal Period by giving Vodacom (Pty) Ltd at least 20 (twenty) business day’s notice in writing. If you do choose to terminate this Agreement during the Initial Period or a Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom (Pty) Ltd, and you will have to pay all outstanding amounts in respect of the Services and / or Apparatus related to the Services.

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5. Charges payable by you and your payment obligations

5.1. The Subscription Fee shall be due and payable to Vodacom (Pty) Ltd by you as indicated on the invoice received from Vodacom (Pty) Ltd but, in any event, by no later than the last business day of each and every subsequent month until expiry of the Initial Period and/or Renewal Period, as the case may be. Despite the previous sentence of this clause 5.1, Vodacom (Pty) Ltd shall have the right to request you to pay the first month’s Subscription Fee in full on the Activation Date.

5.2. In the case of a Price Plan other than a Top Up Price Plan –

5.2.1. you will pay to Vodacom (Pty) Ltd all charges incurred in respect of the Cellphone Number(s) within 14 (fourteen) days of date of Vodacom (Pty) Ltd’s invoice;

5.2.2. Vodacom (Pty) Ltd may impose monetary limits on the maximum value of the total charges you may incur in relation to the Services provided by Vodacom (Pty) Ltd during any one billing period. Should you exceed such maximum value then Vodacom (Pty) Ltd may suspend the Services to you until the value of such maximum amount as well as any other charges that may be due, have been paid in full;

5.2.3. Vodacom (Pty) Ltd reserves the right to impose a monetary limit on the maximum value of Call Charges incurred by you during any one billing period in the amount set out in the application and/or order form to which these terms and conditions relate; and

5.2.4. despite Vodacom (Pty) Ltd being entitled to suspend the Services to you until the value of such maximum amount as well as any other charges that may be due, have been paid in full, it shall be under no obligation to do so, and, should the charges billed to your account nonetheless exceed the monetary limits imposed by Vodacom (Pty) Ltd, you shall remain liable to pay Vodacom (Pty) Ltd any and all charges incurred whether in excess of the said limits or not. You are encouraged to diligently monitor the depletion of any monetary limit set by contacting the Vodacom (Pty) Ltd call centre.

5.3. In the case of a Top Up Price Plan –5.3.1. on the first day of each month for the

duration of this Agreement, Vodacom shall automatically recharge your Prepaid Account with airtime to the value of the Subscription Fee, provided that such airtime shall not be available for use by you if you are in arrears with the payment of your Subscription Fees;

5.3.2. in addition to the airtime value allocated to your Prepaid Account pursuant to the provisions of clause 5.3.1 above, you shall also be entitled to recharge your Prepaid Account at any time by utilizing any of Vodacom’s existing recharge mechanisms on such terms and conditions applicable to such recharges, provided that in the event that you are in arrears with the payment of your Subscription Fee(s), then despite having recharged your Prepaid Account, the airtime allocated to the Prepaid Account pursuant to such recharge shall -

5.3.2.1. not be available for use by you until you have paid all outstanding Subscription Fees;

5.3.2.2. not be credited to any outstanding Subscription Fees;

5.3.3. in the event that you pay Vodacom (Pty) Ltd more than what is due in respect of the Subscription Fees, such additional amounts paid shall not be allocated to your Prepaid Account but shall -

5.3.3.1. be credited toward the following month’s Subscription Fees;

5.3.3.2. and any further remaining amount shall be refunded, free of interest (provided that the overpayment is not due to any fault on the part of Vodacom (Pty) Ltd) to you, if at the end of the term of this Agreement your Subscription Fees are fully paid up and all your obligations hereunder have been fully met.

5.3.4. Each month for the duration of this Agreement you shall be entitled to carry over to the following month the unused portion of airtime value purchased through any additional recharges you may have performed.

5.4. Each month for the duration of this Agreement you shall be entitled to carry over to the following month any unused portion of the airtime value purchased by the payment of the Subscription Fee(s) in previous months, provided that the value of any such airtime may not

exceed the equivalent of 5 (five) times the Subscription Fee, excluding the current month, or such other period as Vodacom (Pty) Ltd may specify from time to time in its sole discretion.

5.5. In addition to the monthly Subscription Fee(s) and Call Charges levied by Vodacom (Pty) Ltd, you will also pay to Vodacom (Pty) Ltd all other charges relating to any other service, incurred in respect of the Services and/or any Apparatus or other equipment purchased by you from Vodacom (Pty) Ltd within 14 (fourteen) days of date of Vodacom (Pty) Ltd’s invoice. Vodacom (Pty) Ltd’s invoice will itemize the amounts charged to you.

5.6. Prior to the activation of your Cellphone Number or other services on the Network, Vodacom (Pty) Ltd shall be entitled to require you to pay to it a deposit in an amount which Vodacom (Pty) Ltd in its discretion deems fit. Such deposit shall be paid by you in cash and shall be retained by Vodacom (Pty) Ltd as security for any other charge that you may become liable to pay to Vodacom (Pty) Ltd and may be appropriated either wholly or in part towards payment of any amount that may be due by you to Vodacom (Pty) Ltd The deposit or any balance thereof, as the case may be, shall be refunded to you after all your obligations hereunder have been fully discharged.

5.7. A computerised account or a certificate signed by a Credit Manager of Vodacom (Pty) Ltd, (whose designation need not be proved), setting out the amount due by you to Vodacom (Pty) Ltd shall be taken as proof in the absence of any evidence to the contrary of such amounts as well as the due date thereof and Vodacom (Pty) Ltd shall not be required to provide further proof of the indebtedness unless you can show, on the face of it, that the amount set out in the computerized account or certificate is incorrect.

5.8. The charges levied by Vodacom (Pty) Ltd may vary from time to time and Vodacom (Pty) Ltd shall provide you with at least 20 (twenty) business days notice of such variations before they take effect. You shall be bound

to pay such varied charges with effect from the date of publication thereof by either Vodacom (Pty) Ltd and/or Vodacom unless you exercise your right of termination as provided for in this Agreement.

5.9. The charges levied by Vodacom (Pty) Ltd in respect of any telecommunications services shall not exceed the Price Plan published by the Vodacom Group from time to time. The charges levied by Vodacom (Pty) Ltd in respect of any additional services or in respect of any Apparatus or other equipment purchased by you, that are not subject to Vodacom Group’s Price Plan, shall be in accordance with Vodacom (Pty) Ltd’s standard charges as published and amended from time to time.

5.10. If so required by Vodacom (Pty) Ltd in its sole discretion you must make payment of all amounts due to Vodacom (Pty) Ltd by means of a direct debit order against your banking account. You shall not be entitled to withdraw or revoke the authority of Vodacom (Pty) Ltd to draw against your banking account for the duration of this Agreement without the written consent of Vodacom (Pty) Ltd

5.11. All fees, charges and prices set out in this Agreement and/or any price list from time to time are exclusive of

Value Added Tax which shall additionally be borne and paid

for by you at the prevailing rate from time to time unless otherwise stated.

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6. Migration and Conversion6.1. With the prior written permission

of Vodacom (Pty) Ltd which can be withheld at any time, for any reason, you may be entitled to convert to any other standard Price Plan excluding any special discounted Price Plans, offered by Vodacom (Pty) Ltd from time to time provided that –

6.1.1. any charge levied by Vodacom (Pty) Ltd in respect thereof has been paid by you; and

6.1.2. all relevant documents required by Vodacom (Pty) Ltd have been signed by you indicating acceptance of any terms and conditions applicable thereto.

6.2. In the event that you migrate from a Price Plan which includes free bundled minutes/seconds to a Price Plan which does not include free bundled minutes/seconds, all accumulated free minutes shall be automatically forfeited and you shall have no claim of whatsoever nature against Vodacom (Pty) Ltd in respect thereof, it being your responsibility to ensure that any free bundled minutes/seconds are used up prior to migrating to another Price Plan should you wish to use such free services.

6.3. In the event that you migrate from a Price Plan which includes free or bundled minutes/seconds to any other Price Plan which includes free, bundled minutes/seconds, then you may forfeit all or a portion of the accumulated minutes/seconds.

7. Bundled Usage7.1. You acknowledge and agree that should

the Price Plan selected incorporate any bundled minutes/seconds, then –

7.1.1. all calls made after the bundled minutes/seconds have been used up will be charged at the then current out-of-bundle rate as set out in the Price Plan;

7.1.2. if you migrate from such Price Plan to any other Price Plan incorporating bundled minutes/seconds, then Vodacom (Pty) Ltd will determine the number of bundled minutes/seconds which will be carried over to the new Price Plan and you may forfeit all or a portion of the accumulated minutes/seconds; and

7.1.3. upon termination of this Agreement

for any reason whatsoever, any accumulated airtime or unused bundled minutes/seconds existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against Vodacom (Pty) Ltd in respect thereof, it being your responsibility to ensure that any

accumulated airtime or unused bundled minutes/seconds are used up prior to termination should the customer wish to use such accumulated airtime or unused bundled minutes/seconds ; and

7.1.4. all airtime used by you will be applied first against your most recent allocation

of bundled minutes/seconds; and thereafter against your oldest active

carried over unused bundled minutes/seconds7.1.5. any accumulated and unused bundled

minutes/seconds may expire after 5 (five) months or after 1 (one) month on applicable Smart Plans.

7.2. you acknowledge and agree that should the Price Plan selected incorporate any bundled data, then –

7.2.1. all data used after depletion of the bundled data will be charged at the then current out-of-bundle rate as set out in the Price Plan;

7.2.2. accumulated and unused data may be carried over for a period of up to 60 (sixty) days where after it shall be forfeited.

8. Value-Added Services8.1. You acknowledge and agree that –

should you subscribe to any additional service(s) provided by Vodacom (Pty) Ltd (“value-added service(s)”), the provision of such value-added service(s) by Vodacom (Pty) Ltd will be subject to Vodacom (Pty) Ltd’s standard terms and conditions applicable to those services from time to time with which you undertake to make yourself familiar with; and

8.2. if you subscribe to a Price Plan which includes a subscription to any value-added service(s), then such subscription to those value-added service(s) may only be terminated prior to the expiry of the Initial Period or the Renewal Period, as the case may be, by giving Vodacom (Pty) Ltd at least 20 (twenty) business day’s notice in writing. If you do choose

to terminate those value added services during the Initial Period or a Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom (Pty) Ltd

9. Risk and Ownership9.1. In the event of Vodacom (Pty) Ltd

providing you with Apparatus, then –9.1.1. from the moment the Apparatus is

delivered to you, you will be responsible for and liable for all risk in and to the Apparatus which will include but not be limited to loss, damage, accidental damage, liquid damage, theft unauthorised use of the Apparatus subject to any applicable warranty provided with such Apparatus or imposed by operation of law; and

9.1.2. Vodacom (Pty) Ltd will remain the owner of the Apparatus for the duration of the Initial Period.

9.2. Ownership of the SIM card allocated to you shall, at all times, remain vested in Vodacom (Pty) Ltd All risk in and to the SIM card which will include but not be limited to the, loss, damage, accidental damage, liquid damage, theft and unauthorised use etc of the SIM Card shall pass to you upon delivery of the SIM Card.

9.3. The provisions of clause 9.1 shall also apply, with the necessary changes, to the Renewal Period where you have chosen an Upgrade.

10. Listing of Apparatus10.1. Should you fail to meet any payment

obligations during the Initial Period or the Renewal Period, as the case may be, then Vodacom (Pty) Ltd shall be entitled to prevent the further use of your Apparatus and you indemnify Vodacom (Pty) Ltd in respect of any claim whatsoever arising from Vodacom (Pty) Ltd exercising its right in terms hereof.

10.2. In the event of the theft or loss of Apparatus, you shall be obliged in terms of law to inform Vodacom (Pty) Ltd of such theft or loss in order for Vodacom (Pty) Ltd to list such Apparatus on the blacklists as determined by the prevailing policy of Vodacom (Pty) Ltd from time to time. Vodacom (Pty) Ltd shall effect such listing provided that all required information has been supplied

by you.10.3. For the purposes of this clause 10,

“blacklist” shall mean the disablement by electronic or other means, of an Apparatus, thereby preventing its further use.

10.4. In the event of the theft or loss of an Apparatus, the provisions of clause 17.2 below shall also apply, with the necessary changes.

10.5. Vodacom (Pty) Ltd shall be entitled to levy a reasonable charge for the listing referred to in clause 10.2 above and/or the removal of an Apparatus from the blacklist.

11. Disclosure of Information11.1. You consent that Vodacom (Pty) Ltd

may, to the extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to –

11.1.1. any credit providers, credit bureau or credit reporting agencies;

11.1.2. any law enforcement agencies that require the information for the prevention or investigation of criminal activities;

11.1.3. any of Vodacom (Pty) Ltd’s shareholders, related entities, suppliers, agents, professional advisors or any company within the Vodacom Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;

11.1.4. any of Vodacom (Pty) Ltd’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;

11.1.5. any company within the Vodacom Group for any purpose connected with the Services or the Network or incentive scheme purposes.

11.2. Despite any part of this Agreement that may indicate otherwise, Vodacom (Pty) Ltd shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or collection purposes.

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12. Your Acknowledgement You acknowledge and agree that –12.1. The service quality and coverage

available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and the Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference; and

12.2. to the extent permitted by law, Vodacom (Pty) Ltd shall not be liable for non-availability of the Services.

13. Liability13.1. You indemnify and hold Vodacom

(Pty) Ltd and each company within the Vodacom Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by Vodacom (Pty) Ltd or any company within the Vodacom Group, which arises directly or indirectly out of a breach of the terms of this Agreement by you or by your use of the Services and/or the Apparatus, other than in respect of losses caused by the gross negligence or intentional misconduct of Vodacom (Pty) Ltd or any company within the Vodacom Group or any of their respective employees, directors or agents.

13.2. Without affecting the generality of 13.1 above, Vodacom (Pty) Ltd shall not be liable to you for any breach of this Agreement or failure on Vodacom (Pty) Ltd’s part to perform any obligations as a result of technical problems relating to the Network, termination of any licence to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Vodacom (Pty) Ltd

14. Your Undertakings You shall –14.1. comply with all instructions issued by

Vodacom (Pty) Ltd which concern your

use of the services, the Apparatus or related matters; and

14.2. not be entitled to commercially exploit the services in any manner whatsoever without Vodacom (Pty) Ltd’s prior written consent, including without limitation, the provision of telephony services to third parties; and

14.3. provide Vodacom (Pty) Ltd with all such necessary information as Vodacom (Pty) Ltd may, in its sole discretion, reasonably and lawfully require;

14.4. only use a Apparatus which is approved for use in conjunction with the Network by Vodacom (Pty) Ltd;

14.5. engage with Vodacom (Pty) Ltd, other members of the Vodacom Group and their respective staff and agents in a courteous, cordial and respectful manner at all times.

15. Suspension/Disconnection15.1. Vodacom (Pty) Ltd may from time to

time, by giving you advance notice where reasonably practicable and dependent on the circumstances, suspend the Services or disconnect your Cellphone Number from the Network for a period to be determined by Vodacom (Pty) Ltd, in any one of the following circumstances -

15.1.1. during any technical failure, modification or maintenance of the Network; or

15.1.2. if you fail to comply with any of the terms and conditions of this Agreement; or

15.1.3. if so directed by the Regulatory Authority; or

15.1.4. in any other instance specifically provided for in this Agreement, and in such event, the provisions of clause 13 and where applicable, clause 16.6 below shall also apply, with the necessary changes.

15.2. Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, Vodacom (Pty) Ltd shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.

15.3. Where this Agreement is terminated at your instance in accordance with clause 4.1 or 4.2 above, as the case may be, Vodacom (Pty) Ltd shall be entitled to disconnect your Cellphone

Number at any time on the relevant date of termination and at which time the provisions of clause 16.6 shall apply, with the necessary changes, and you shall have no claim of whatsoever nature against Vodacom (Pty) Ltd as a result of Vodacom (Pty) Ltd exercising its right under this clause.

16. Termination16.1. In the event that you do not comply with

your obligations under this Agreement and you do not correct your failure to comply after receiving a notice from Vodacom (Pty) Ltd requesting you to comply within 20 (twenty) business days, then Vodacom (Pty) Ltd may immediately terminate this Agreement.

16.2. If this Agreement is terminated by Vodacom (Pty) Ltd for the reason that you have failed to remedy a material failure to comply with or a breach of the Agreement as contemplated in clause 16.1, you shall pay to Vodacom (Pty) Ltd all outstanding charges for access to the Network and you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom (Pty) Ltd.

16.3. You shall repay to Vodacom (Pty) Ltd on demand all costs which Vodacom (Pty) Ltd incurs as a result of your failure to comply with the terms and conditions of this Agreement or any termination hereof, which may include –

16.3.1. costs in connection with tracing you and/or the Apparatus;

16.3.2. all legal costs on the attorney client scale;16.3.3. collection commission that may legally

be recovered from you by Vodacom (Pty) Ltd’s attorneys or collection agents on amounts collected;

16.3.4. the costs incurred in obtaining possession of the Apparatus as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively; and

16.3.5. the replacement cost of the Apparatus.16.4. To the extent that it is appropriate,

the provisions of clause 16.3.2 above apply reciprocally to you, read with the necessary changes.

16.5. It shall be in the sole discretion of Vodacom (Pty) Ltd as to whether it elects to levy the replacement cost of

the Cellular Phone(s) or the charges referred to in clause 16.3.4 above.

16.6. Any accumulated airtime or unused bundled minutes/seconds existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against Vodacom (Pty) Ltd in respect thereof.

17. Loss or Theft of SIM Card17.1. You shall notify Vodacom (Pty) Ltd

immediately when you become aware of the loss or theft of your SIM card, which notification may, at Vodacom (Pty) Ltd’s discretion, be required to be confirmed in writing. In addition, you undertake to comply in full with the requirements of the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002.

17.2. Any loss, theft, damage or destruction of your SIM card or Apparatus shall not affect your liability to continue to pay the Subscription Fee to Vodacom (Pty) Ltd for the duration of this Agreement.

18. Policies and Procedures of Vodacom (Pty) Ltd

You agree to comply with and implement the policies and procedures of Vodacom (Pty) Ltd from time to time in relation to the Services, your Cellphone Number, the SIM card, the Network and the use thereof.

19. Complaint Resolution and Code of Practice

In the interest of providing customer service excellence, and the protection of consumer rights, Vodacom (Pty) Ltd conducts its business in accordance with a Code of Practice which incorporates a procedure for customer complaint resolution. Details of such Code of Practice and procedure may be accessed by you on www.vodacom.co.za or obtained from Vodacom (Pty) Ltd’s customer care department. Nothing in this Agreement is intended to prevent you from exercising any rights he/she may have under the Consumer Protection Act, 2008.

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20. Communication You hereby consent to the dispatch or

transmission by Vodacom (Pty) Ltd of all and any necessary communications in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. You are entitled to inform Vodacom (Pty) Ltd if you do not wish to receive any communications for purposes of direct marketing and in this instance, Vodacom (Pty) Ltd will desist from circulating any further such material to you.

21. Assignment You shall not transfer (whether it be

by cession, assignment, encumbering or delegating) any of your rights or obligations in terms of this Agreement to any third party without the prior written consent of Vodacom (Pty) Ltd.

22. Variation Save as otherwise expressly provided,

no addition to, variation, consensual cancellation or novation (meaning the act of either replacing an obligation to perform with a new obligation, or replacing a party to an agreement with a new party) of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by or on behalf of the duly authorised representatives of both parties.

23. Whole Agreement This Agreement constitutes the whole

agreement between the parties and no representations or warranties other than those set out herein shall be binding on the parties, save for any amendment effected in terms of clause 22 above.

24. Address for Delivery of Notices24.1. You choose as the address at which you

wish to receive any correspondence or notices of a legal nature relating to this Agreement and the rendering of the Services the address set out in the application or order form to which these terms and conditions relate or such other address of which you may notify

Vodacom (Pty) Ltd in writing provided such address is not a post office box or other postal address.

24.2. All notices given in terms of this Agreement shall be in writing.

25. Severability In the event of any one or more of

these terms and conditions being unenforceable, such terms and conditions will be deemed to be removed from the remainder of this Agreement and the Agreement will remain binding and enforceable.

26. Apparatus Warranty and Guarantee You hereby acknowledge that in

the event that you are supplied with Apparatus:

26.1. and such Apparatus is a computer then it is supplied “with a Windows Operating System” but without benefit of any additional software and all applicable warranties shall be honoured by the manufacturer of the computer; and

26.2. the Apparatus is supplied with a 6 (six) month warranty of quality against defects, within the meaning of the Consumer Protection Act, 68 of 2008.

26.3. you shall not be entitled to withhold payment of any monies due under this Agreement for any reason whatsoever, including but not limited to, any dissatisfaction with the Apparatus, its operation or otherwise or any failure of the manufacture to honour any second warranty offered or any other reason whatsoever.

26.4. all user support offered in relation to a computer or laptop is provided by the manufacturer thereof and to the extent permitted by law Vodacom (Pty) Ltd shall not be liable for any loss, cost, claim or damage of whatsoever nature suffered by you in relation thereto including without limitation, any failure of the manufacturer to provide same.

13 14

GAP Deposit Step Up1. In the case of GAP deposits you accept and

acknowledge the following:1.1. The deposit is:1.1.1. non-interest bearing;1.1.2. non-refundable within the initial airtime

contract period and non-refundable should the Contract Agreement be cancelled within the initial contract period;

1.1.3. only refundable if your account status is acceptable to Vodacom (Pty) Ltd;

1.1.4. to be used by Vodacom (Pty) Ltd to offset any outstanding money;

1.1.5. not a pre-payment but a security deposit.1.1.6. Vodacom (Pty) Ltd will raise an

immediate pro-rata invoice on the date that the line has been activated and present it for payment against the banking details provided.

2. Vodacom (Pty) Ltd at its discretion, may require a further deposit to be provided to it and reserves its rights in this regard.

3. This service is not available on advanced deals.

1. In the case of Step Up you accept and acknowledge the following:

1.1.1. Your bank account will be debited on the 25th of the month with the exception of February and the holiday months when the debit order will be deducted sooner. This will be communicated to you via SMS.

1.1.2. Upon successful debit order submission, monthly airtime will be allocated on confirmation of payment. This is done on the first day of each month for the duration of your Agreement.

1.1.3. Should your debit order be rejected due to insufficient funds in your bank account, then you will be migrated to Prepaid. In addition to the airtime value allocated to you pursuant to the provisions of clause 1.1.2 above.

1.1.4. You shall also be entitled to recharge your prepaid account at any time by utilizing any of Vodacom’s existing recharge mechanisms on such terms and conditions applicable to such recharges.

2. Each month for the duration of the agreement you shall be entitled to carry over to the following month the;

2.1. Unused portion of airtime value accrued pursuant to any additional recharges you may have performed; plus

2.2. Any unused portion of the airtime value accrued pursuant to the payment of the subscription fee(s), provided that any such airtime may not exceed the equivalent of 5 (five) times the subscription fees, excluding the current month, or such other period as Vodacom (Pty) Ltd may specify from time to time.

Mandatory Call Limit1. In order to protect you from any surprises

on your Vodacom bill, all Vodacom (Pty) Ltd customers are subject to a monthly mandatory call limit for the first seven (7) months of your contract period.

2. The removal of the call limit may be possible after seven (7) months depending on assessment of your overall credit profile. If your account is already seven months old and an additional line is added onto your account, the limit will remain in place for a minimum of four (4) months on the additional line.

3. The call limit is prescribed by Vodacom (Pty) Ltd and is set on the usage of your cellphone usage e.g. calls, data and SMS only.

4. You will receive threshold SMS notifications once your usage has reached the 50%, 70% & 90% mark.

5. Once your call limit has been reached, you will not be able to make calls, send Vodacom SMSs or use data until the start of the new month. You will however still be able to receive calls and SMSs during this time and make calls to the 112 Emergency Services and 082 111 Vodacom Customer Care line.

6. If you are consistently exceeding your limit, you may want to consider migrating to a higher Price Plan. Note: you may only migrate your price plan after a period of seven (7) months.

7. The call limit is not a guaranteed service and you will remain liable for all charges incurred, whether in excess of the limit set or not.

1. All Vodacom (Pty) Ltd customers are subject to a mandatory account limit.

2. The account limit is prescribed by Vodacom (Pty) Ltd and is set on the usage on your account (including the usage of all cellphone numbers linked to your account).

3. An account limit will remain unchanged for a period of six (6) months where the limit will be adjusted on a monthly basis according to your overall credit record.

4. You will receive threshold SMS notifications once your usage has reached the 50%, 70% & 90% mark.

5. Once your account limit has been reached, you will not be able to make calls or send SMSs until the start of the new month or a payment is received. You will still be able to receive calls and SMSs during this time and make calls to the 112 Emergency Services and 082 111 Vodacom Customer Care line.

6. The call limit is not a guaranteed service and you will remain liable for all charges incurred, whether in excess of the limit set or not.

Mandatory Account Limit

15 16

1. Items must be returned within 7 (seven) calendar days from date of purchase on official invoice (proof of purchase).

2. Original invoice (proof of purchase) as received at point of sale must be supplied.

3. All devices must be assessed by a Vodacom Repair Technician for any faults reported by the consumer before being exchanged. This assessment may take up to 7 (seven) calendar days. (Timeframe may be influenced by location, courier delays and/or public holidays).

4. Devices that meet the OBF criteria but are faulty due to software issues (incorrect version of software) and that can be resolved by way of a software upgrade are not considered OBF at this stage in the OBF resolution process.

4.1. A software upgrade will be performed free of charge in an attempt to resolve the fault.

4.2. Should this software upgrade fail to resolve the fault, and the device renders faulty within 7 (seven) days of the software upgrade and/or still within a 14 (fourteen) calendar day period from date of purchase/delivery; the device will be approved as an OBF. The consumer should retain their proof of receipt of device when the device is returned after the software upgrade as this is the date that will be applied in terms of the additional 7 (seven) day window.

4.3. The maximum of 14 (fourteen) calendar days OBF rejection with a software version update, is therefore calculated according to the time the device is in the consumer’s possession. Thus providing a reasonable window to determine fault.

5. All data cards must be assessed by a Vodacom Data Specialist/Vodacom Repair Technician to confirm fault(s) (report may be requested) before an exchange can be performed.

6. Items that qualify as OBF will only be swopped for the same make and model.

7. The original contents of the “box”, (handset, original battery, original charger, original antenna, manual and any other accessories) must be complete and packaging intact/in good condition.

8. The IMEI number on the box must match the IMEI number on the device.

9. Physical condition of device applies as outlined below:

9.1. There must be no physical damage on the device or its accessories, or any signs of neglect due to; physical abuse, liquid damage, screen scratches, dents or marks.

9.2. Please Note: Physical damage (including seemingly trivial surface scratches, marks etc) could result in an OBF claim being rejected. In the event that you experience a problem with your new device, you are encouraged to return it to the outlet as soon as possible to reduce the risk of an OBF rejection due to physical damage.

1. The warranty from date of purchase lies with the relevant handset manufacturer for the duration of the implied warranty period, between 12 and 24 months, dependant on manufacturer and is subject to the manufacturer terms and conditions.

2. An “Out-of-Box Failure” (OBF) is defined as a new handset/data card/modem that is found to be technically faulty within 7 (seven) days of purchase.

3. The OBF requirements are defined by the applicable manufacturers. Vodacom will operate in accordance with such requirements and specifications for devices originally purchased through the Vodacom (Pty) Ltd warehouse.

4. Kindly refer to your Manufacturer User Guide for additional information. It is advisable to keep this guide in a safe place.

5. Please Note: Terminology used to refer to OBF’s may vary from manufacturer to manufacturer (e.g. DAP – Defective After Purchase).

6. Should a device not meet the OBF criteria and is in the range of devices that Vodacom Repairs are authorised to repair, the standard repair process will apply in terms of resolving the reported fault.

7. The Computer (Laptop or Desktop) is supplied with a pre-loaded Windows Operating System, but without any additional software. Please be advised that the computer is not pre-loaded with anti-virus software and that it is your responsibility to ensure your computer is protected at all times.

8. The Computer (Laptop or Desktop) is not covered by the Vodacom Device Warranty Agreement. The warranty is provided by the manufacturer thereof. Kindly refer to Manufacturer Information Booklets that accompany the product.

9. Please refer to the Consumer Information leaflet for additional device support information.

Device Warranty Out of Box Failure (excluding Laptop or Desktop)

17 18

Insurance

Quick SIM CoverThis policy covers: 1. SIM card: 1.1. If Quick SIM has been selected on the

attached schedule then the SIM card as defined is covered against sudden and unforeseen physical loss, damage or failure of the SIM card as specified in this certificate from any cause not excluded. Vodacom QuickSIM also covers a maximum of R100 per claim (VAT inclusive) for any unauthorized calls made due to loss, theft or damage.

2. Limits of indemnity2.1. SIM card: The maximum limit of

indemnity payable in respect of the SIM card will be the replacement cost of the SIM card. You are allowed 3 SIM card replacements during a 24 month period. No excess charge on claims.

3. Specific conditions3.1. Basis of indemnity: Subject to the limits of indemnity our

liability is limited to the cost of repairs or replacement of the SIM card at the discretion of the insurer, as follows;

3.2. Damage, Loss or Theft3.2.1. Damaged, lost or stolen SIM cards will be

replaced with same or similar type3.2.2. Should the SIM card no longer be

available we will replace it with the nearest functionally equivalent model as established by the insurer

3.2.3. A SIM swop can be done whereby you will retain your MSISDN number.

3.2.4. Data is not retrievable on a lost, stolen or damaged SIM.

3.2.5. Should you wish to replace the SIM card with a more expensive SIM card, the difference in price payable will be for your account.

4. General exceptions4.1. We will not indemnify you against:4.2. Loss or damage resulting from political

or non political riot, strike or civil commotion, public disorder, war, terrorism or public violence or which is insurable by SASRIA (South Africa

Special Risks Insurance Association).4.3. Loss or damage during the hire or loan

of the SIM card to a third party4.4. Loss of or damage to the SIM card

resulting from the theft or any attempt there at from any unoccupied vehicle, unless such vehicle is locked and forcible entry into the vehicle is made, necessitating repairs to such vehicle, and the original repairers account for such damage is supplied with the claim.

4.5. Any consequential loss or damage arising from not being able to use the SIM card.

4.6. Any claim arising from abuse, misuse or neglect of the SIM card.

4.7. Loss damage or failure for which the manufacturer or supplier is liable, or which is covered by a current maintenance contract.

4.8. Loss of, damage to or corruption of data as a result of electronically conveyed viruses or defects in design or manufacture.

4.9. Any claim in respect of any additional equipment or accessories including but not restricted to carrying cases, battery chargers, hands - free kit, external antennae or car kits.

5. General conditions5.1. Other insurance: If you claim from any other

insurance policy for loss, theft or damage of the SIM card, we shall only be liable for any portion of the claim not paid by the other insurance policy.

6. Cancellation of cover6.1. You have 30 days from receipt of

your policy document to cancel your policy. You will receive a refund of any premiums already paid unless the insurer has already been notified of a claim.

6.2. General: After this initial 30 day cooling off period this policy may be cancelled by you or the insurer giving 30 days notice in writing. Cover is automatically suspended if the SIM card is barred or disconnected by Vodacom.

6.3. Multiple claims: In the event that 3 or more claims are lodged against this policy

6.4. in any 12 month period, we may at our discretion give 30 days’ notice of cancellation due to adverse claims experience.

7. Claims7.1. If the SIM card is lost, stolen or damaged

you must report the claim to Cellsure (Pty) Ltd as soon as possible after discovery of the loss, and within 30 days of the claim occurring.

7.2. A claim form must be completed and sent to Cellsure (Pty) Ltd within 30 days of the claim occurring.

7.3. You must give all reasonable assistance in the recovery of the lost or stolen SIM card and identification thereof.

7.4. Any damaged or stolen SIM card which is retrieved by the insurer becomes the property of the insurer.

7.5. In the event of your claim being the subject of a dispute or is rejected by us you may make representation to us. If you are unsatisfied with the outcome of your claim you entitled to approach the Short Term Insurance Ombud.

7.6. Should you fail to collect the replacement SIM card within 60 (sixty) days from date of loss, you will forfeit the claim and the SIM card can be sold or returned to stock to defray expenses.

7.7. If you are in arrears with your account all outstanding premiums must be paid in order for us to assess a claim.

7.8. In the event of your SIM card being lost or stolen the SIM card must be blocked.

8. How to block your SIM card8.1. In the event of the SIM card being

stolen or lost you must arrange for the SIM card to be blocked

8.1.1. Phone Vodacom Customer Care on 082 111.

8.1.2. Contact your nearest Vodacom Dealer.

8.2. Failure to comply with claim conditions will lead to rejection of your claim.

9. Fraud9.1. If any claim is in any respect fraudulent,

all benefits under this policy shall be forfeited.

10. No rights to other persons10.1. You may not transfer any rights under

this policy to any third party.

11. Premium payment11.1. If the premium is not paid on the date

that it was due to be paid,11.1.1. As a result of payment having been

stopped by you this policy will be cancelled at 16h00 on the date that the premium was due to be paid.

11.1.2. For any reason other than described in 6/a/i we will redebit in the following month and should the outstanding premium not be paid when re-debited, the policy will be cancelled retrospectively.

12. Duty to safeguard SIM card You shall at all times take reasonable

steps to safeguard the SIM card from loss, damage or theft.

13. Misrepresentation, non disclosure or false declaration13.1. Any material misrepresentation, non

disclosure or false declaration shall render the policy as a whole, voidable from date of inception at the instance of the insurer. In such an event,:

13.1.1. You will be liable to reimburse any amounts paid to you under this policy to the insurer; and

13.1.2. The insurer will not be obliged to pay any claim lodged under this policy.

R

19 20

These terms and conditions cover both the Vodacom Cellphone Cover and the QuickSIM Cover products. These are separate products therefore, please ensure that you make reference to the sections applicable to the products that you purchased as outlined in your policy schedule.

Section A(Applicable To Handset Cover Only)14. This product covers theft or sudden

and unforeseen physical loss of or damage to the handset used together with the SIM card listed on the attached schedule during the period of insurance from any cause or event not excluded.

14.1. Limits of indemnity The maximum amount payable in the

event of a claim for the handset shall be determined in accordance with the prescribed premium bands at the time of inception of the contract. Your device will be replaced to the value of the handset in which the SIM was used at the time of the loss, theft or damage, or the maximum amount sum insured whichever value is lower.

14.2. Excess payable14.2.1. Total loss, theft or damage beyond

economic repair (as determined by an authorised Vodacom repair centre)

14.2.1.1. You will pay 10% of the replacement value of the handset or R300 for each and every loss resulting in replacement of the handset, whichever is higher.

14.2.1.2. In the event of a further loss within 12 months of a previous claim also necessitating replacement of the handset, you will pay 10% of the replacement value or R750, whichever is higher.

14.2.1.3. In the event of three or more losses within 12 months of previous claims, necessitating replacement of the handset, you will pay 10% of the

replacement value or R1000, whichever is higher.

14.2.1.4. In the event of a claim arising from liquid damage and/or loss in liquid, an additional amount of R500 is payable by you.

14.2.1.5. An additional excess of R300 will be paid by you in respect of any damage, loss or theft suffered by you within 30 days of date of inception of this insurance contract. This excess will not be applicable if the insurance inception date coincides with your Vodacom handset contract.

14.3. Repairable damage or breakdown14.3.1. You will pay R150 in the event of

damage resulting in repair to the handset.

14.3.2. In the event of a further loss within 12 months of a claim also necessitating repairs to the handset you will pay R300.

14.4. Change of handset and increase value

It is your duty to notify us in writing if you change your handset for whatever reason and if such a change leads to the value of the new handset exceeding the sum insured.

14.5. Specific conditions14.5.1. Basis of indemnity: Our liability is limited to the cost of

repairs or replacement of the handset and at the discretion of the insurer, as follows;

14.5.2. Partial damage14.5.2.1. Where the handset can be repaired, we

will pay the costs reasonably incurred to restore it to the condition it was in immediately before the damage occurred. Should such costs exceed 50% of the value of the handset it will be replaced.

14.6. Total loss: Subject to the maximum sum insured

and payment of the excess by you,

Vodacom Cellphone and/or QuickSIM Cover

we will replace the equipment at the discretion of the insurer as follows:

14.6.1. We will replace the handset with a handset of the same or similar type.

14.6.2. We will not replace the handset with a more expensive handset. Should you wish to replace the insured handset with a more expensive handset, the difference in price and excess will be for your account.

14.6.3. Should the handset no longer be available. We will replace it with the nearest functionally equivalent model as established by the insurer, subject to the excess payable by you.

Section B(Applicable to Quicksim Cover pnly)15. If QUICKSIM has been selected on

the schedule then the SIM card as defined is covered against sudden and unforeseen physical loss, damage or failure of the SIM card as specified in this certificate from any cause not excluded. Vodacom QuickSIM also covers a maximum of R100 per claim (VAT inclusive) for any unauthorized calls made due to loss, theft or damage.

15.1. Limits of indemnity15.2. SIM card: The maximum limit of indemnity

payable in respect of the SIM card will be the replacement cost of the SIM card. You are allowed 3 SIM card replacements during a 24 month period. No excess charge on claims.

15.3. Specific conditions15.3.1. Basis of indemnity: Subject to the limits of indemnity our


15.3.2. Damage, Loss or Theft15.3.3. Damaged, lost or stolen SIM cards will

be replaced with same or similar type15.3.4. Should the SIM card no longer be





Section C(Applicable to both the Cellphone and Quicksim Products)16. What is not covered? We will not indemnify you against:16.1. Loss or damage resulting from political

or non political riot, strike or civil commotion, public disorder, war, terrorism or public violence or which is insurable by SASRIA (South Africa Special Risks Insurance Association).

16.2. Any costs of replacing, reinstating or making good wear and tear, gradual deterioration, scratching or outer casings, aerials or keypads.

16.3. Loss of or damage during the hire or loan of the handset and/or SIM card to a third party, unless such third party is listed as a user on the handset contract.

16.4. Loss of or damage to the handset and/or SIM card resulting from the theft or any attempt thereat from any unoccupied vehicle, unless such vehicle is locked and the handset is concealed out of sight and forcible entry into the vehicle is made, necessitating repairs to such vehicle, and the original repairers account for such damage is supplied with the claim.

16.5. Loss, damage or failure of batteries, other than when they are stolen or lost together with the handset listed on application form.

16.6. Any consequential loss or damage arising from not being able to use the handset and/or SIM card.

16.7. Any claim arising from abuse, misuse or neglect of the handset and/or SIM card.

16.8. Loss damage or failure for which the manufacturer or supplier is liable, or which is covered by a current maintenance contract.

16.9. Loss of, damage to or corruption of data as a result of electronically conveyed viruses or defects in design or manufacture.

16.10. Any claim in respect of any additional equipment or accessories including but

21 22

not restricted to carrying cases, battery chargers, hands - free kit, external antennae or car kits.

16.11. Theft, loss or damage while your handset is being used with a SIM card issued by any other network.

17. General conditions17.1 Other insurance: If you claim from any other insurance

policy for loss, theft or damage of the handset, we shall only be liable for a pro rata portion of the claim excluding the excess payable.

17.2 Cancellation of cover17.2.1 You have 30 days from receipt of


17.3 General: After this initial 30 day cooling off

period this policy may be cancelled by you or the insurer giving 30 days notice in writing. Cover is automatically suspended if the SIM card is barred or disconnected by Vodacom.

17.3.1 Multiple claims: In the event that 3 or more claims are lodged against this policy in any 12 month period, we may at our discretion give 30 days’ notice of cancellation due to adverse claims experience.

17.4 Claims17.4.1 If the handset is lost, stolen or damaged

you must report the claim to Cellsure (Pty) Ltd as soon as possible after discovery of the loss, and within 30 days of the claim occurring.

17.4.2 Stolen or lost handsets must be reported to the South African Police Services and a case number must be obtained and given to Cellsure (Pty) Ltd together with the claim form.

17.4.3 A claim form must be completed and sent to Cellsure (Pty) Ltd within 30 days of the claim occurring.

17.4.4 You must give all reasonable assistance in the recovery of the lost or stolen handset and identification thereof.

17.4.5 If the insurer has paid your claim in respect of a lost or stolen handset, and your handset is recovered, the

recovered handset becomes property of the insurer. If you are given a replacement handset in respect of a handset which is beyond economical repair, the damaged handset becomes property of the insurer.

17.4.6 Vodacom or Cellsure must be in possession of the damaged handset to determine whether or not the handset is beyond economical repair.

17.4.7 In the event of your claim being the subject of a dispute or is rejected by us you may make representation to us. If you are unsatisfied with the outcome of your claim, you are entitled to approach the Short Term Insurance Ombudsman.

17.4.8 You have 90 days from the date of receipt of the notice of rejection or dispute from us to lodge such representation. In the event of a dispute being unresolved you must take legal action by way of summons against us within 180 days after expiry of the initial 90 day period, failing which you will forfeit your claim and no liability can arise in terms of such a claim.

17.4.9 Should you fail to collect a handset which has been repaired or replaced within 60 (sixty) days from date of loss, you will forfeit the claim and the handset will be sold or returned to stock to defray expenses.

17.4.10 If you are in arrears with your account all outstanding premiums must be paid in order for us to assess a claim.

17.4.11 In the event of the handset being lost or stolen the handset must be blacklisted.

17.5 How to blacklist your handset and block your SIM card

17.5.1 In the event of the handset being stolen or lost you must blacklist your handset

17.5.2. Phone Vodacom Customer Care on 082 111

17.5.3. Contact your nearest Vodacom Dealer.17.5.4. In the event of the HANDSET AND SIM

card being stolen or lost you must arrange for the SIM card to be blocked


17.5.6. Contact your nearest Vodacom Dealer.

17.6. Failure to comply with claim conditions will lead to rejection of your claim.

17.7. Fraud17.7.1. If any claim is in any respect fraudulent,


17.8. No rights to other persons You may not transfer any rights under

this policy to any third party.17.9. Premium payment17.9.1. If the premium is not paid on the date


stopped by you this policy will be cancelled at16h00 on the date that the premium was due to be paid.

17.9.3. For any reason other than described in 6/a/i we will redebit the premium in the following month and should the outstanding premium not be paid when re-debited, the policy will be cancelled retrospectively.

17.10 Duty to safeguard handset You shall at all times take reasonable

steps to safeguard the handset from loss, damage or theft.

17.11 Misrepresentation, non disclosure or false declaration

17.11.1. Any material misrepresentation, non disclosure or false declaration shall render the policy as a whole, voidable from date of inception at the instance of the insurer. In such an event,:



23 24

18. These terms and conditions cover both the Vodacom Laptop/Portable Devices and the QuickSIM Cover products. These are separate products therefore, please ensure that you make reference to the sections applicable to the products that you purchased as outlined in your policy schedule.

Section D(Applicable to Laptop/Portable Device Cover only)18.1. Laptops and Portable Devices Theft or sudden and unforeseen

physical loss of or damage to the equipment used together with the Vodacom Mobile Data Connect Device and SIM card listed on the attached schedule during the period of insurance from any cause or event not excluded.

18.2. Mobile Data Connect Device If insurance has been selected on this device then the device is covered against sudden and unforeseen physical loss, damage or failure of the device as specified in these terms and conditions from any cause not excluded.

18.3. Limits of Indemnity18.3.1. Laptops and Portable Device

The maximum amount payable in the event of a claim for the Laptop or Portable Device shall be determined in accordance with the prescribed premium bands at the time of inception of contract.

18.3.2. Your device will be replaced to the value of the device at the time of loss, theft or damage, or the maximum amount of the sum insured, whichever is the lower.

18.3.3. Mobile Data Connect DeviceThe maximum amount payable in the event of a claim for the mobile data connect device shall be limited to the value of the device at the time of loss, theft or damage, or the maximum sum insured, whichever is the lower.

18.4. Excess payable18.4.1. Total loss, theft or beyond economic

repair (as determined by an authorised Vodacom repair centre)

18.4.2. You will pay 10% of the replacement value of the laptop and/or device with a minimum value of R500 for each claim

18.4.3. An additional excess of R300 will apply to any claims occurring within 30 days from date of inception of this insurance contract as reflected on the schedule.

18.5. Repairable damage or breakdown18.5.1. You agree to pay the first 10% of the

repair cost subject to a minimum of R200.

18.5.2. In the event of a further claim within 12 months of a previous claim an additional R300 will be payable.

18.6. Specific conditions18.6.1. Basis of indemnity18.6.1.1. Subject to the limits of indemnity

our liability is limited to the cost of repairs or replacement of the Laptop or Portable Device or Mobile Data Connect Device at our sole option, as follows:

18.6.2. Partial damage18.6.2.1. Where the equipment can be repaired,

we will pay the costs reasonably incurred to restore it to it s state of serviceability immediately before the occurrence of the damage. Should such costs exceed 50% of the value of the equipment it will be replaced.

18.6.3. Total loss 18.6.3.1. Subject to the maximum limit of

indemnity less the first amount payable we will replace the equipment at the sole option of the insurer as follows:

18.6.3.2. We will replace the Laptop or Portable Device or Mobile Data Connect Device with equipment of the same or similar type but not more superior to nor more extensive or expensive than the property insured.

18.6.3.3. Should the Laptop or Portable Device or

Vodacom Laptop/Portable Devices and/or Quick SIM Cover

Mobile Data Connect Device no longer be available, we will replace it with the nearest functionally equivalent model as established by Cellsure (Pty) Ltd, less the first amount payable or

18.6.3.4. Should the insured wish to replace with a more expensive model, the difference in price and the first amount payable will be for your account.

18.7. Change of equipment and increase value

18.7.1. It is your duty to notify us in writing if you change your equipment for whatever reason and if such a change leads to the value of the new equipment exceeding the sum insured as defined.

Section E (Applicable to Quicksim Cover only)19. If QUICKSIM has been selected on the

schedule then the SIM card as defined is covered against sudden and unforeseen physical loss, damage or failure of the SIM card as specified in this certificate from any cause not excluded. Vodacom QuickSIM also covers a maximum of R100 per claim (VAT inclusive) for any unauthorized calls made due to loss, theft or damage.

19.1. Limits of indemnity19.1.1. SIM card

The maximum limit of indemnity payable in respect of the SIM card will be the replacement cost of the SIM card. You are allowed 3 SIM card replacements during a 24 month period. No excess charge on claims.

19.2. Specific conditions19.2.1. Basis of indemnity 19.2.1.1. Subject to the limits of indemnity our


19.3. Damage, Loss or Theft19.3.1. Damaged, lost or stolen SIM cards will be

replaced with same or SIMilar type19.3.2. Should the SIM card no longer be





Section F (Applicable to Laptop/ Portable Devices and Quicksim Products)20. General Exceptions20.1.1. We will not indemnify you against:20.1.2. Loss or damage resulting from political

or non-political riot, strike or civil commotion, public disorder, war, terrorism or public violence or which is insurable by SASRIA (South Africa Special Risks Insurance Association).

20.1.3. Any costs of replacing, reinstating or making good wear and tear, gradual deterioration, scratching or outer casings or keypads.

20.1.4. Loss or damage during the hire or loan of the laptop and/or device to a third party.

20.1.5. Loss of or damage to the laptop and/or device resulting from the theft or any attempt there at from any unoccupied vehicle, unless such vehicle is locked and the laptop and/or device is concealed out of sight and forcible entry into the vehicle is made, necessitating repairs to such vehicle, and the original repairers account for such damage is supplied with the claim.

20.1.6. Loss or damage to batteries, other than when they are stolen or lost together with the laptop and/or device listed on schedule.

20.1.7. Any consequential loss or damage arising from not being able to use the Laptop/Portable Device or SIM card

20.1.8. Any claim arising from abuse, misuse or neglect of the Laptop or Portable Device.

20.1.9. Loss, damage or failure of batteries other than when they are stolen or lost.

20.1.10. Loss or damage to or corruption of data as a result of electronically conveyed viruses or defects in design or manufacture.

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20.1.11. Any claim in respect of any additional laptop and/or device or accessories including but not restricted to carrying cases or battery chargers.

20.1.12. Theft, loss or damage while your Laptop or Portable Device is being used with a Mobile Data Connect Device issued by any other network.

20.1.13. Reconstruction of data.20.2. General conditions20.2.1. Other insurance: 20.2.1.1. If you claim from any other insurance

policy for loss, theft or damage of the laptop and/or device or SIM, we shall only be liable for a pro rata portion of the claim excluding the excess payable.

20.3. Cancellation of cover20.3.1. You have 30 days from receipt of


20.3.2. General: After this initial 30 day cooling off period this policy may be cancelled by you or the insurer giving 30 days notice in writing. Cover is automatically suspended if the mobile data connect device is barred or disconnected by Vodacom.

20.3.3. Multiple claims: In the event that 3 or more claims are lodged against this policy in any 12 month period, we may at our discretion give 30 days’ notice of cancellation due to adverse claims experience.

20.4. Claims20.4.1. If the laptop and/or device is lost, stolen

or damaged you must report the claim to Cellsure (Pty) Ltd as soon as possible after discovery of the loss, and within 30 days of the claim occurring.

20.4.2. Stolen or lost laptop and/or devices must be reported to the South African Police Services and a case number must be obtained and given to Cellsure (Pty) Ltd together with the claim form.

20.4.3. A claim form must be completed and sent to Cellsure (Pty) Ltd within 30 days of the claim occurring.

20.4.4. You must give all reasonable assistance in the recovery of the lost or stolen laptop and/or device and identification thereof.

20.4.5. If the insurer has paid your claim in respect of a lost or stolen laptop and/or device, and your laptop and/or device is recovered, the recovered laptop and/or device become the property of the insurer. If you are given a replacement laptop and/or device in respect of a laptop and/or device which is beyond economical repair, the damaged laptop and/or device becomes the property of the insurer.

20.4.6. Vodacom or Cellsure must be in possession of the damaged laptop and/or device to determine whether or not the laptop and/or device is beyond economical repair.

20.4.7. In the event of your claim being the subject of a dispute or is rejected by us you may make representation to us. If you are unsatisfied with the outcome of your claim, you are entitled to approach the Short Term Insurance Ombudsman.

20.4.8. Should you fail to collect a laptop and/or device which has been repaired or replaced within 60 (sixty) days from date of loss or damage, you will forfeit the claim and the laptop and/or device will be sold or returned to stock to defray expenses.

20.4.9. If you are in arrears with your account all outstanding premiums must be paid in order for us to assess a claim.

20.4.10. In the event of the laptop and/or device being lost or stolen the laptop and/or device must be blacklisted.

20.5. How to block your Mobile Data Connect Device

20.5.1. In the event of the Mobile Data Connect Device being stolen or lost you must arrange for the Mobile Data Connect Device to be blocked


20.5.3. Contact your nearest Vodacom Dealer.20.5.4. Failure to comply with claim conditions

indicated above above will lead to rejection of your claim.

20.6. Fraud20.6.1. If any claim is in any respect fraudulent,


20.7. No rights to other persons20.7.1. You may not transfer any rights under

this policy to a third party.20.8. Premium payment20.8.1. If the premium is not paid on the date


stopped by you this policy will be cancelled at 16h00 on the due date that the premium was due to be paid.

20.8.3. For any reason other than described in 7.a) above, we will re-debit in the following month and should the outstanding premium not be paid when re-debited, the policy will be cancelled retrospectively.

20.9. Duty to safeguard Laptops and Portable

20.9.1. Devices or Mobile Data Connect Device You shall at all times take reasonable

steps to safeguard the Laptops and Portable Device or Mobile Data Connect Device from loss, damage or theft.

20.10. Misrepresentation, non-disclosure or false declaration

20.10.1. Any material misrepresentation, non disclosure or false declaration shall render the policy as a whole, voidable from date of inception at the instance of the insurer. In such an event,:



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21. To be eligible for cover under the policy, you must meet the following conditions at the start date:

21.1. You must be at least 18 years old and not older than 63 years of age;

21.2. You must have an airtime contract with Vodacom (Pty) Ltd

21.3. You must apply for contract cover and agree to pay the monthly premium;

21.4. You must agree to the terms and conditions of the policy.

Section G – Policy Benefits22. Death Cover 22.1.1. What we will pay for If you should die during the period

of insurance, we will pay a lump sum benefit equal to all the subscription fees in respect of the outstanding term of the airtime contract. This benefit will be paid to Vodacom (Pty) Ltd in order to fulfil your estate’s contractual obligation to Vodacom (Pty) Ltd

22.1.2. What we do not pay for We will not pay any benefit if your death

arises directly or indirectly from any of the following:

22.1.2.1. A self-inflicted injury and/or suicide within 2 years of the start date of the insurance contract cover;

22.1.2.2. War, riot, radioactive contamination, nuclear accidents and similar risks;

22.1.2.3. Use of nuclear, biological or chemical weapons, or any radioactive contamination;

22.1.2.4. Attacks on or sabotage of facilities (including but not limited to nuclear power plants, reprocessing plants, final repository sites and research reactors) and storage depots which lead to the release of radioactivity or nuclear, biological or chemical warfare agents;

22.2. Disability Cover 22.2.1. What we will pay for If you should become totally and/or

temporarily disabled due to injury or illness, and as a result of this disability you are unable to perform your occupation, we will pay your monthly subscriptions and any other value added services on your airtime contract until

the End Date of that contract or until you able to perform your occupation, whichever is the earlier. The value added services benefit is subject to a maximum of R50 per month. Your disability must persist for at least 30 days before a claim may be submitted for this benefit. You would still be required to pay your subscription during the first month of disability. Should you die during your disability and before the End Date of your contract, all the outstanding subscriptions will be paid as a lump sum to Vodacom (Pty) Ltd

22.2.2. What we do not pay for We will not pay any benefit if your

disability arises directly or indirectly from any of the items listed under the exclusions of the Death Cover above, plus the following:

22.2.2.1. Attempted suicide within 2 years of the start date;

22.2.2.2. If you enter the contract with any form of heart disease, cancer, diabetes, depression, kidney disease or lung ailment and become disabled as a result of this pre-existing condition

22.2.2.3. You refusing medical treatment as recommended by your medical practitioner;

22.2.2.4. You being under the influence or above the legal limit of alcohol intake or drug abuse.

22.2.2.5. You violating the law22.2.2.6. You piloting an aircraft without a

valid permit. 22.3. Retrenchment Cover 22.3.1. What we will pay for 22.3.1.1. If during the period of insurance you

are retrenched and remain unemployed for more than 30 continuous days, we will pay a monthly benefit equal to your monthly subscription and any other value added services on your airtime contract, subject to a maximum of 6 monthly payments. The value added services benefit is subject to a maximum of R50 per month. There is a waiting period of 90 days from the Start Date of your insurance policy during which time no retrenchment claim will be paid. The claim must be submitted immediately

Contract Cover upon you being retrenched.22.3.1.2. No further amount shall be payable

under this benefit in the event of your subsequent loss of employment where a total benefit of 6 months’ payments has previously been paid under a previous claim or claims for retrenchment benefits in respect of this airtime contract.

22.3.1.3. Should you die during your retrenchment and before the End Date of your contract, all the outstanding subscriptions will be paid as a lump sum to Vodacom Provider (Pty) Ltd

22.3.2. What we do not pay for If you become unemployed due to one

or more of the following: 22.3.2.1. You come to the expected finish date of

a fixed term contract or you finish the job you were specifically employed to do;

22.3.2.2. You lose your job because of any unlawful strikes you took part in or any lock out by your employer;

22.3.2.3. You resign or you accept voluntary unemployment;

22.3.2.4. You lose your job following the end of casual, seasonal, temporary or occasional work;

22.3.2.5. You lose your job as a result of nationalisation or other government action;

22.3.2.6. You lose your job because of misconduct, dishonesty or any such acts carried out by you;

22.3.2.7. You had received 1 or more verbal or written reprimands during the previous 6 months before the Start Date of your policy, and where these reprimand(s) constituted part of your employer’s disciplinary procedures;

22.3.2.8. If the claim has arisen from or is related to normal pregnancy, childbirth or abortion;

22.3.2.9. If at the start date you knew or ought to have reasonably known that you may be retrenched;

22.3.2.10. You are retrenched due to one or more of the following reasons:

22.3.2.11. If your loss of employment is due to any sickness, disease, injury or medical condition;

22.3.2.12. You lose your job as a result of a reason listed in Section 2 “What we do not

pay for”.

Section H – Territorial Limits23. Cover under this insurance policy

is restricted to within the Republic of South Africa. Cover will only be extended to outside of the Republic of South Africa if you are a lawful resident of the Republic of South Africa.

Section I – Claims24. All claims must be submitted to the

Administrator as soon as possible and in any event no later than 90 days after the insured event in respect of death and immediately the insured event occurs in respect of retrenchment, by contacting the Administrator on 082 1952 or by fax on (011) 844 2913 or (011) 844 2917.

24.1. You have 90 days from the date of receipt of the notice of rejection or dispute from us to lodge such representation. In the event of a dispute being unresolved you must take legal action by way of summons against us within 180 days after expiry of the initial 90 day period, failing which you will forfeit your claim and no liability can arise in terms of such a claim.

24.2. A claim form will be sent to you. You must return it to the Administrator within 30 days. Please ensure that all sections of the claim form are fully completed and that any relevant documents are enclosed and sent to the Administrator.

24.3. Settling a claim24.3.1. We will need proof of your death and the

circumstances leading to your claim. All death claims must be notified in writing and we will need to see a certified copy of your death certificate and a certified copy of your ID Book.

24.3.2. In addition, the death claim form must be submitted. A copy of the latest statement of account must also accompany the claim documents.

24.4. Disability claims24.4.1. If you are claiming for disability, we will

need a completed disability claim form, a medical report from your attending specialist, a copy of your ID Book and a copy of the latest statement of account.

29

24.5. Retrenchment claims24.5.1 If you are claiming for retrenchment, we

will need a completed retrenchment claim form, a copy of your ID Book, a letter from your employer confirming retrenchment and a copy of the latest statement of account. In addition;

24.5.2. You must take all reasonable steps to keep the period of unemployment as short as possible;

24.5.3. We may ask for other evidence in support of your claim;

24.5.4. During the period of a claim, we may need proof that you have remained unemployed. You must pay any costs of obtaining this proof.

Section J – When the cover ends25. Your insurance will end and no further

benefit will be payable, as soon as one of the following happens:

25.1. You reach your 65th birthday;25.2. A benefit is paid in respect of death

cover;25.3. You fail to pay the monthly premium;25.4. Either party cancels the insurance

contract in writing;25.5. The date your airtime contract ends.

Section K – Cession26. You do hereby under this policy and in

terms of this cession, cede, assign and transfer all your rights, title and interest in and to this Policy, to and in favour of Vodacom (Pty) Ltd as collateral security for the outstanding term of your cellphone contract.

Section L – General Conditions27. Cancellation of cover27.1. You have 30 days from receipt of


27.2. General27.2.1. After this initial 30 day cooling off

period this policy may be cancelled by you or the insurer giving 30 days notice in writing. Cover is automatically suspended if the Sim card is barred or disconnected by Vodacom.

27.3. Multiple claims 27.3.1. In the event that 3 or more claims are

lodged against this policy27.3.2. In any 12 month period, we may at

our discretion give 30 days’ notice of cancellation due to adverse claims experience.

27.3.3. If you give false or misleading information when you applied for cover under the policy, and this information affected the decision to insure you, your cover under the policy will end.

27.3.4. If you give any false or misleading information when you make a claim, you will not receive any benefit under this policy and your cover under this policy will end.

27.3.5. If any benefit is paid as a result of your false claim, you will have to repay any benefit you have received and we will take legal action against you.

27.3.6. The contract between you and us is made up of this policy, the schedule, any written statement of your medical conditions and any other information provided by you.

27.3.7. The rights under this policy are limited to this airtime contract. This policy cannot be used to protect any person other than you.

27.3.8. When your cover under this policy ends it will not have a cash value.

27.3.9. We have the right to change the terms and conditions, the premium rate, or cancel your policy. If we do, you will be advised in writing at least 30 days before the change or cancellation takes effect.

1. You accept and acknowlege the following

1.1. To collect any messages or any other information stored by the donor network which may be lost when the cellphone number is ported (only applicable to Network port requests);

1.2. That any credit and/or unused usage allowances will be lost when the cellphone number is ported (only applicable to Network port requests);

1.3. That you will not be able to port your cellphone number to a different network operator within 60 days from requested port date (only applicable to Network port requests);

1.4. That all products and/or services provided by the donor network/service provider may not be provided when the cellphone number is ported;

1.5. That you may still be liable in terms of any contract which you may have with the donor network and/or service provider.

Number Portability

Contact us

Important numbers:Customer Care: 082 111Repairs: 082 1944Credit and Risk: 082 1946Upgrades: 082 1959Direct Sales: 082 1950Insurance: 082 1952Netcare: 082 911Emergency: 082 112

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Download - Vodacom Contract Important details

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